Public Order Legislation and Fundamental Rights Essay

Public Order Legislation and Fundamental Rights - Essay Example Public protests are generally encompassed within the framework of the right to free expression and free association which is an essential part of a democracy. However the European Convention of Human Rights also includes among its umbrella of rights guaranteed to people, the right to such freedom of speech and association which may also include the freedom to protest6. But this right to public assembly is not one of the fundamental rights, such as that of the right to life or the right against torture7, therefore these rights may be regulated to some extent by the Government through the police in the interest of maintaining law and order. But how far can policing be extended? While these rights may certainly be regulated, they cannot be obstructed and developments that have been occurring within the UK for the past two decades appear to point in that direction. The Criminal Justice and Public Order Act of 1994:Public protest has been a part of UK history, but has not been construed t o be criminal without due cause. The Public Order Act of 1986 had introduced some restrictions on public gatherings, camping and other activities, however these provisions as extended into the Criminal Justice and Public Order Act of 1994 to cope with criminal and terrorist elements, has resulted in a wider range of activities being construed as criminal offences.Specific provisions that are of interest in the case of public order are from section 619 up to sections 77-80 that even deal with the traveling community